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(영문) 서울서부지방법원 2018.09.19 2017가합40603

이사회결의 및 총회결의무효확인

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

The defendant is an incorporated association established for the purpose of domestic and foreign seminars and policy recommendations related to D, and the plaintiff is the defendant's director who was in charge of the defendant's 17th president from July 2016 to February 2017.

The defendant establishes the articles of incorporation, bylaws on the organization of an incorporated association B (hereinafter referred to as “internal regulations”) and accordingly establishes the defendant’s membership, qualification for executives, election, annual fee, etc.

The main contents of the defendant's articles of incorporation and bylaws are as follows:

Article 5 (Qualification for Membership) (1) The defendant's member shall agree with the purport of the defendant and submit a prescribed application for membership.

Provided, That a member of the inaugural general meeting shall be decided at the inaugural general meeting.

(2) The members of the defendant shall be classified into regular members (including regular members), associate members, and honorary members, and their qualification for admission shall be as follows:

1. A regular member: A female professor at an incumbent university (at least a full-time lecturer) who has submitted an application for admission to the defendant and has paid admission fees and membership fees;

2. Associate Members: A female instructor at an incumbent university shall be a female member, who has submitted a written application for membership to the defendant and has paid membership fees;

3. Honorary member: An honorary member shall be a female professor who has retired and a person recognized by the defendant, who has made outstanding contributions.

4. Lifelong member: A member shall be a regular member who pays a lifelong membership fee;

5. Other persons who are recognized by the board of directors (rights and duties of regular members) are entitled to vote, be elected and vote, and are obligated to observe all the defendant's regulations.

Article 9 (Classification of Organizations) The defendant shall have the following organizations:

1. General meetings:

2. Board of directors;

3. Secretariat;

4. Each subdivision: Article 10 (Classification and Fixed Number of Officers) 1 of the Gangwon-do Branch, Daegu-do Branch, Daejeon-do Branch, Daejeon-do Branch, Busan/ Ulsan-do Branch, Gwangju/Seoul-do Branch, Jeonbuk-do Branch, Jeonbuk-do Branch, and Chungcheongbuk-do Branch, Article 10 (Classification and Fixed Number of Officers) (1) of the Chungcheongnam-do Branch shall have the following officers:

1. Eight directors;

2. One auditor. (2) The chief director shall be the director referred to in paragraph (1) 1.